CORAM

PARTIES

KILANG MELA

AREA(S) OF LAW

SUMMARY OF FACTS

The Appellant is a Civil Servant and a resident of Komta Village in Billiri Local Government Area of Gombe State, while the Respondent is a traditional title holder in Kojen Tangale and the Village Head of Komta, with whom the Appellant contested the stool of the Village head but lost. The Appellant brought an action against one Jauro Yusuf Katsina in respect to a piece of land; concerning which the Respondent wrote a letter on 22/12/2015 to the Area Court to have it settle out of Court at his palace. The Appellant was opposed to this move hence refused to attend any meeting with the Village Head as chair on the issue. Later Respondent then wrote to return the matter back to the Area Court Judge and copied the Divisional Police Officer Billiri, State Security Service Department Billiri, Tangale Community Development President and the Chairman Billiri Local Government Area and Mai-Tangale. The Appellant claimed the letter was defamatory and in bad faith, hence he instituted an action for Libel at the High Court of Gombe State, wherein he sought for declaratory reliefs; damages; exemplary damages; and general damages. In his defense, the Respondent pleaded justification of the contents and as qualified information, that he only stated in the letter that the Appellant failed to participate in the meetings called by the Community Committee set up for amicable settlement of the matter, as they are enjoined by his Royal Highness the Mai Tangale to always settle matters amicably except criminal matters, which was reason he wanted to settle the matter between parties out of Court. The Respondent denied that he contested the stool with the Appellant but with two other persons. At the end of the trial, the lower Court found against the Appellant and therefore held that he failed to prove his case and dismissed the case in its entirety. Aggrieved, the Appellant had appeal against the said judgment vide his Notice of Appeal containing nine (9) Grounds of Appeal.

HELD

Appeal Dismissed

ISSUES

Whether the Defendant as Village Head has the right to excommunicate the Appellant from Komta Community under any guise on a dispute over title to land with another person. Whether or not the Appellant had proved defamation by libel against the Respondent through the letter dated 8/1/2016.

RATIONES DECIDENDI

CASES CITED

Not Available

STATUTES REFERRED TO

Constitution of the Federal Republic of Nigeria, 1999 (as amended)|Evidence Act 2011|Gombe State creation of Emirates, Districts, Villages, Wards and Appointment and Deposition of Emirs and Chiefs (amendment) Law 2004.|

CLICK HERE TO READ FULL JUDGMENT